42-2-227 - Structures Regulations governing Permits Authority of department. - Tennessee Statutes

42-2-227. Structures Regulations governing Permits Authority of department.

(a)  Until a permit has been issued by the department, no person shall erect, add to the height of, or replace any structure within the areas described in subsections (b) and (c), that will result in a structure higher than allowed by those subsections, nor at any other place in this state that will result in a structure extending more than five hundred feet (500¢) above the land at the site of a proposed structure, nor at any other place in this state that will result in a structure extending more than two hundred fifty feet (250¢) above the land at the site of a proposed structure that is within two (2) miles of a state highway, federal highway or a railroad.

(b)  In territory surrounding public use airports for which zoning ordinances or resolutions have not been made effective by local governmental authorities pursuant to chapter 6 of this title, no person shall erect, add to the height of, or replace any structure within any area lying two hundred fifty feet (250¢) on either side of an extension of an airport runway center line at a distance of two hundred feet (200¢) beyond the end of the runway, widening thereafter uniformly to a width of one thousand seven hundred fifty feet (1,750¢) on either side of the extension of the runway center line at a distance of ten thousand two hundred feet (10,200¢) beyond the end of the runway; and within any area beginning at the runway end elevation at two hundred feet (200¢) beyond the runway end and arising at the ratio of one foot (1¢) vertically for each thirty-four feet (34¢) measured horizontally out to a distance of ten thousand two hundred feet (10,200¢) beyond the end of the runway.

(c)  In territory for which a zoning ordinance or resolution has been made effective by local governmental authorities pursuant to chapter 6 of this title, no permit from the department shall be required, except where the erection, adding to the height of, or replacing of any structure would violate subsection (a). But no person shall erect, add to the height of, or replace any structure except as allowed by the local zoning ordinance or resolution. Outside of such locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under such local zoning ordinance or resolution, but not to exceed a slope ratio of one foot (1¢) measured vertically to each fifty feet (50¢) measured horizontally for the approach surface and one foot (1¢) measured vertically to each seven feet (7¢) measured horizontally for the transitional surface to a point where such extended approach and transitional surfaces intersect an imaginary plane five hundred feet (500¢) above the established airport elevation, no structure shall be erected, altered by increasing the height or replaced until a permit has been obtained from the department.

(d)  A reasonable fee may be charged for the filing of an application, the amount of which shall be set by the department, and which shall be sufficient to defray the usual expenses of such investigation as may be necessary by the department or its staff. Application fees may vary with the height of the structure for the erection of which a permit is sought.

(e)  Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. The required identification characteristics shall conform to federal laws and regulations where applicable; however, a higher standard of identification may be required under this section.

(f)  It is unlawful for any person to maintain, occupy or use a structure, or any part of a structure, that has been erected, added to or replaced in violation of this section.

(g)  In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this section, but concerning which no application for a permit has been filed, it may on its own motion issue an order to that person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing shall be set out in such order.

(h)  In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this section or of any rules, regulations or orders of the department issued pursuant to this section. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this section and the rules, regulations and orders of the department issued pursuant to this section.

(i)  The department shall adopt and promulgate, and may from time to time amend or rescind, reasonable rules and regulations for the administration of this section. The rules and regulations and changes in the rules and regulations shall become effective at such time after being adopted as may be specified by the department, or as otherwise required by law and may be published and distributed at the department's expense.

(j)  The department shall prescribe and furnish forms necessary for the administration of this section.

[Acts 1957, ch. 374, § 36; 1972, ch. 829, § 21; 1977, ch. 471, § 1; T.C.A., §§ 42-242, 42-2-141.]